State Codes and Statutes

Statutes > Rhode-island > Title-21 > Chapter-21-2 > 21-2-8

SECTION 21-2-8

   § 21-2-8  Issuance of permits. – (a) General Requirements. The director shall issue a permit as requiredin § 21-2-7 of any type or kind only after receipt by him or her of awritten application upon a form furnished by the director and setting forth anyinformation concerning the applicant and his or her operation and facilitiesthat the director may by regulation require. No permit shall be issued excepton the basis of an inspection of the applicant's operation and facilities by amilk inspector of the department of health, if the applicant's place ofbusiness or operation is located in the state of Rhode Island, or if locatedoutside the state, upon the basis of an inspection by a milk inspector of thedepartment or by some person or agency outside of the state of Rhode Island butqualified and approved by the director to make inspections of the type requiredin the state where the applicant's operation or facilities are located. Thepermit shall issue only after the foregoing conditions and those specialconditions, if any, as may be required in the case of any particular type ofpermit provided in this chapter, shall have been complied with. Every permitshall be granted upon the express condition that the applicant shall at alltimes conduct his or her operations and maintain his or her facilities inaccordance with: (1) the requirements of this chapter, (2) all regulations ofthe director promulgated in accordance with the provisions of this chapter, and(3) the terms of § 21-4.1-6.

   (b) Rhode Island milk producer's permit. A milkproducer's permit shall issue only after the director shall have ascertainedthat, according to the records of the department, the applicant is currentlycomplying with the provisions of chapters 4 – 7 of title 4.

   (c) Distributor's permit. No distributor's permitshall be required in the case of retail stores purchasing milk finally bottledor packaged from a permittee under this statute for resale at retail to theultimate consumer within the state of Rhode Island, but it shall be unlawfulfor any distributor to sell milk or have milk in his or her possession to sellwhich has not been processed by a person holding a permit from the director.

   (d) Out-of-state milk plant permit. An out-of-statemilk plant permit shall be issued by the director only after he or she hasreceived from the applicant for a milk plant permit a statement in writing inan approved form that the applicant agrees, as a condition precedent to theissuance of the permit, that his or her milk plant may be inspected at any timeby the director or by milk inspectors of the state of Rhode Island and/or byany other inspectors approved by the director under the provisions of thischapter to make inspections in the state where the milk plant may be located,and that the director and his or her designated agents and representatives mayat all reasonable times have access to the books and records of the milk plantfor the purpose of enforcing compliance on the part of the applicant with theprovisions of this chapter.

   (2) Out-of-state milk plants shall meet the provisions of theregulations established by the director to sell, continue to sell, or offer forsale grade A milk or milk products in the state of Rhode Island. Theregulations shall be consistent with the Federal Pasteurized Milk Ordinance.

State Codes and Statutes

Statutes > Rhode-island > Title-21 > Chapter-21-2 > 21-2-8

SECTION 21-2-8

   § 21-2-8  Issuance of permits. – (a) General Requirements. The director shall issue a permit as requiredin § 21-2-7 of any type or kind only after receipt by him or her of awritten application upon a form furnished by the director and setting forth anyinformation concerning the applicant and his or her operation and facilitiesthat the director may by regulation require. No permit shall be issued excepton the basis of an inspection of the applicant's operation and facilities by amilk inspector of the department of health, if the applicant's place ofbusiness or operation is located in the state of Rhode Island, or if locatedoutside the state, upon the basis of an inspection by a milk inspector of thedepartment or by some person or agency outside of the state of Rhode Island butqualified and approved by the director to make inspections of the type requiredin the state where the applicant's operation or facilities are located. Thepermit shall issue only after the foregoing conditions and those specialconditions, if any, as may be required in the case of any particular type ofpermit provided in this chapter, shall have been complied with. Every permitshall be granted upon the express condition that the applicant shall at alltimes conduct his or her operations and maintain his or her facilities inaccordance with: (1) the requirements of this chapter, (2) all regulations ofthe director promulgated in accordance with the provisions of this chapter, and(3) the terms of § 21-4.1-6.

   (b) Rhode Island milk producer's permit. A milkproducer's permit shall issue only after the director shall have ascertainedthat, according to the records of the department, the applicant is currentlycomplying with the provisions of chapters 4 – 7 of title 4.

   (c) Distributor's permit. No distributor's permitshall be required in the case of retail stores purchasing milk finally bottledor packaged from a permittee under this statute for resale at retail to theultimate consumer within the state of Rhode Island, but it shall be unlawfulfor any distributor to sell milk or have milk in his or her possession to sellwhich has not been processed by a person holding a permit from the director.

   (d) Out-of-state milk plant permit. An out-of-statemilk plant permit shall be issued by the director only after he or she hasreceived from the applicant for a milk plant permit a statement in writing inan approved form that the applicant agrees, as a condition precedent to theissuance of the permit, that his or her milk plant may be inspected at any timeby the director or by milk inspectors of the state of Rhode Island and/or byany other inspectors approved by the director under the provisions of thischapter to make inspections in the state where the milk plant may be located,and that the director and his or her designated agents and representatives mayat all reasonable times have access to the books and records of the milk plantfor the purpose of enforcing compliance on the part of the applicant with theprovisions of this chapter.

   (2) Out-of-state milk plants shall meet the provisions of theregulations established by the director to sell, continue to sell, or offer forsale grade A milk or milk products in the state of Rhode Island. Theregulations shall be consistent with the Federal Pasteurized Milk Ordinance.


State Codes and Statutes

State Codes and Statutes

Statutes > Rhode-island > Title-21 > Chapter-21-2 > 21-2-8

SECTION 21-2-8

   § 21-2-8  Issuance of permits. – (a) General Requirements. The director shall issue a permit as requiredin § 21-2-7 of any type or kind only after receipt by him or her of awritten application upon a form furnished by the director and setting forth anyinformation concerning the applicant and his or her operation and facilitiesthat the director may by regulation require. No permit shall be issued excepton the basis of an inspection of the applicant's operation and facilities by amilk inspector of the department of health, if the applicant's place ofbusiness or operation is located in the state of Rhode Island, or if locatedoutside the state, upon the basis of an inspection by a milk inspector of thedepartment or by some person or agency outside of the state of Rhode Island butqualified and approved by the director to make inspections of the type requiredin the state where the applicant's operation or facilities are located. Thepermit shall issue only after the foregoing conditions and those specialconditions, if any, as may be required in the case of any particular type ofpermit provided in this chapter, shall have been complied with. Every permitshall be granted upon the express condition that the applicant shall at alltimes conduct his or her operations and maintain his or her facilities inaccordance with: (1) the requirements of this chapter, (2) all regulations ofthe director promulgated in accordance with the provisions of this chapter, and(3) the terms of § 21-4.1-6.

   (b) Rhode Island milk producer's permit. A milkproducer's permit shall issue only after the director shall have ascertainedthat, according to the records of the department, the applicant is currentlycomplying with the provisions of chapters 4 – 7 of title 4.

   (c) Distributor's permit. No distributor's permitshall be required in the case of retail stores purchasing milk finally bottledor packaged from a permittee under this statute for resale at retail to theultimate consumer within the state of Rhode Island, but it shall be unlawfulfor any distributor to sell milk or have milk in his or her possession to sellwhich has not been processed by a person holding a permit from the director.

   (d) Out-of-state milk plant permit. An out-of-statemilk plant permit shall be issued by the director only after he or she hasreceived from the applicant for a milk plant permit a statement in writing inan approved form that the applicant agrees, as a condition precedent to theissuance of the permit, that his or her milk plant may be inspected at any timeby the director or by milk inspectors of the state of Rhode Island and/or byany other inspectors approved by the director under the provisions of thischapter to make inspections in the state where the milk plant may be located,and that the director and his or her designated agents and representatives mayat all reasonable times have access to the books and records of the milk plantfor the purpose of enforcing compliance on the part of the applicant with theprovisions of this chapter.

   (2) Out-of-state milk plants shall meet the provisions of theregulations established by the director to sell, continue to sell, or offer forsale grade A milk or milk products in the state of Rhode Island. Theregulations shall be consistent with the Federal Pasteurized Milk Ordinance.